Statutory Wills: Doing the right thing under the Mental Capacity Act 2005

Research output: Contribution to journalArticlepeer-review

Standard

Statutory Wills : Doing the right thing under the Mental Capacity Act 2005. / Curtice, Martin; Harding, Rosie; Milward, Kathryn.

In: BJ Psych Advances, Vol. 23, No. 1, 04.01.2017, p. 54-62.

Research output: Contribution to journalArticlepeer-review

Harvard

APA

Vancouver

Author

Curtice, Martin ; Harding, Rosie ; Milward, Kathryn. / Statutory Wills : Doing the right thing under the Mental Capacity Act 2005. In: BJ Psych Advances. 2017 ; Vol. 23, No. 1. pp. 54-62.

Bibtex

@article{c677830d950b4402b8ad0f03e84c8978,
title = "Statutory Wills: Doing the right thing under the Mental Capacity Act 2005",
abstract = "Statutory wills are made under the Mental Capacity Act 2005 (MCA) for persons who lack testamentary capacity. Mental health practitioners are likely to be familiar with many of the provisions of the MCA and the test for testamentary capacity. However, may not have encountered statutory wills. This article explains the procedure for applying for a statutory will, including the role of medical practitioners. Salient legal cases are summarised to highlight the difficulties in applying a best interests framework for decision-making in the context of statutory wills. Finally, this article considers how the United Nations Convention on the Rights of Persons with Disabilities might impact not only on statutory wills, but the wider provisions of the MCA. ",
author = "Martin Curtice and Rosie Harding and Kathryn Milward",
year = "2017",
month = jan,
day = "4",
doi = "10.1192/apt.bp.116.016022",
language = "English",
volume = "23",
pages = "54--62",
journal = "BJ Psych Advances",
issn = "2056-4678",
publisher = "Royal College of Psychiatrists",
number = "1",

}

RIS

TY - JOUR

T1 - Statutory Wills

T2 - Doing the right thing under the Mental Capacity Act 2005

AU - Curtice, Martin

AU - Harding, Rosie

AU - Milward, Kathryn

PY - 2017/1/4

Y1 - 2017/1/4

N2 - Statutory wills are made under the Mental Capacity Act 2005 (MCA) for persons who lack testamentary capacity. Mental health practitioners are likely to be familiar with many of the provisions of the MCA and the test for testamentary capacity. However, may not have encountered statutory wills. This article explains the procedure for applying for a statutory will, including the role of medical practitioners. Salient legal cases are summarised to highlight the difficulties in applying a best interests framework for decision-making in the context of statutory wills. Finally, this article considers how the United Nations Convention on the Rights of Persons with Disabilities might impact not only on statutory wills, but the wider provisions of the MCA.

AB - Statutory wills are made under the Mental Capacity Act 2005 (MCA) for persons who lack testamentary capacity. Mental health practitioners are likely to be familiar with many of the provisions of the MCA and the test for testamentary capacity. However, may not have encountered statutory wills. This article explains the procedure for applying for a statutory will, including the role of medical practitioners. Salient legal cases are summarised to highlight the difficulties in applying a best interests framework for decision-making in the context of statutory wills. Finally, this article considers how the United Nations Convention on the Rights of Persons with Disabilities might impact not only on statutory wills, but the wider provisions of the MCA.

U2 - 10.1192/apt.bp.116.016022

DO - 10.1192/apt.bp.116.016022

M3 - Article

VL - 23

SP - 54

EP - 62

JO - BJ Psych Advances

JF - BJ Psych Advances

SN - 2056-4678

IS - 1

ER -